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(영문) 창원지방법원 2020.07.24 2020고단1724
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 7, 2010, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act by the Changwon District Court.

On May 8, 2020, at around 22:57, the Defendant driven a ENAS car while under the influence of alcohol 0.114% in the section of about 59 meters from the front of C in Kimhae-si, to the front of D and front of D located on the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, repeated statements, and summary orders (the application of Acts and subordinate statutes (the original place Act, approximately 2010 high-level 8078);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, a fine shall be selected in consideration of the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, criminal records, criminal records, motive for committing the crime, and circumstances after committing the crime, and the sentence shall be determined as ordered.

The current Road Traffic Act was revised to attain the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving, eradicating social damage caused by drunk driving, and establishing a traffic order.

Although the defendant had had a record of being punished for drunk driving as stated in the judgment, he re-driving without the warning of the danger of drunk driving, and the degree of the defendant's drinking is significant.

【Egrative circumstances】 The Defendant has committed the instant crime against his depth and has not committed a second offense.

The Defendant appears to have used proxy driving before committing the instant crime.

In relation to the situation of drinking driving, the defendant is a substitute driver after he took a part of the FF Cooperative's staff and the drinking.

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